United States v. Mitchell

Bad Law
172 F.3d 1104·1999 WL 163147·51 Fed. R. Serv. 408·1999 U.S. App. LEXIS 5221·99 Cal. Daily Op. Serv. 2205
United States Court of Appeals for the Ninth CircuitMarch 26, 1999Nos. 96-10411, 97-10427California3,582 words

Opinion

Lead Opinion

Kleinfeld, J.

We reverse because inadmissible evidence regarding the defendant’s poverty was admitted and relied upon heavily to secure a conviction.

FACTS

A bank was robbed at gunpoint, and Mitchell was convicted of the robbery. The only issue at trial was whether Mitchell was the man who did it, or was mistakenly identified. There were weaknesses in the prosecution evidence. Mitchell was easily located from the license plate number and his father, who readily told the police how to find him when asked, yet the police did not contact Mitchell for three months after the robbery. The usual strong evidence of bank robbery — dye pack marks on the robber’s body and clothing, marked money found on the robber or people he bought things from, bank videotape or film of the robber, were all lacking. The tellers’ descriptions of the robber varied, and several did not fit Mitchell. The witnesses said the robber had no facial hair, but those who knew Mitchell said he always had a beard, mustache or both.

There were also some strengths to the prosecution case. The police found clothes, backpack and a fanny pack in Mitchell’s closet that matched the descriptions of what the robber had. One of the…

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